Court: 46th Senate District race paper ballots must be counted

A state appellate court ruled Wednesday that 99 paper ballots invalidated in the state 46th Senate District race between Republican George Amedore and Democrat Cecilia Tkaczyk must be counted.

The tally could change the outcome of the race, in which Amedore was certified the winner by 37 votes by a lower court.

In its eight-page ruling, the Appellate Division of state Supreme Court, Third Department, said 90 ballots from Ulster County, eight from Greene County and one from Albany County must be counted. There was no immediate word on when that counting will occur.

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The large number of ballots to be counted in Ulster gives hope to Tkaczyk, who carried the county by a wide margin on Election Day, Nov. 6.

In its decision, the Appellate Division ruled a state Supreme Court justice erred in sustaining objections to 53 special ballots cast by Ulster County election inspectors. It also ruled that 26 of 209 affidavit ballots ruled invalid by the lower court because the envelopes contained inaccurate or incomplete information should be counted. Those envelopes, in fact, did have all the required information, the Appellate Division said.

The Appellate Division upheld the invalidation of more than 200 other paper ballots.

On Dec. 18, acting state Supreme Court Justice Guy Tomlinson, in Montgomery County, certified Amedore the winner of the race over Tkaczyk by a tally of 63,141 to 63,104. But Tkaczyk appealed that decision, resulting in Wednesday's ruling.

Separately, two Ulster County poll workers appealed the decision to throw out their ballots and those of 51 other poll workers.

"We are pleased that the judges of the Appellate Division agree with the very basic principle that ministerial errors should not invalidate New Yorkers' rights to have their voices heard," Tkaczyk spokesman Gary Ginsburg said Wednesday evening. "Though many of the ballots were ruled valid, there are still New Yorkers who participated in this election who have not had their votes count¬

ed."

Ginsburg said the Tkaczyk campaign looks forward to a speedy resolution to the race.

Amedore's spokesman, Kris Thompson said only: "We are reviewing the court decision and will have a response at the appropriate time."

The 46th Senate District comprises parts of Ulster, Albany and Schenectady counties and all of Greene and Montgomery counties.

Amedore, a state assemblyman, lives in Rotterdam. Tkaczyk, a school board vice president, lives in Duanesburg.